- 1 - NC: 2025:KHC-D:2267 WP No. 100070 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100070 OF 2025 (GM-CPC) BETWEEN: SRI SADASHIV S/O. MALLAPPA KOTLI, AGE: 58 YEARS, OCC: PRIVATE SERVICE, R/O: BASAVAN BAGEWADI - 586203, TQ: BASAVAN BAGEWADI, DIST: VIJAYPUR. …PETITIONER (BY SRI BALAGOUDA A. PATIL, ADVOCATE) AND: 1. SRI. BASAPPA S/O. KALLAPPA HADAPAD @ NAVALGER, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: C/O: DYAMANNA HOSAMANI, PADMAVATI SADAN, GOUDAR ONI, KELAGERI - 580 008, TQ. AND DIST: DHARWAD. 2. SRI. VEERABHADRAPPA S/O. KALLAPPA HADAPAD @ NAVALGER, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: KELAGERI, PRESENTLY RESIDING AT LAND SY NO.429, GOA ROAD, DHARWAD - 580 008, TQ: AND DIST: DHARWAD. 3. SRI DODDAPPA S/O. KALLAPPA HADAPAD @ NAVALGER, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: C/O: DYAMANNA HOSAMANI, 0PADMAVATI SADAN, GOUDAR ONI, KELAGERI-580 008, TQ. AND DIST: DHARWAD. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2267 WP No. 100070 of 2025 4. SMT. KAREVVA S/O. SANGAPPA DESAI, SINCE DEAD ISSUELESS, SMT. KAMALAVVA W/O SANGAPPA DESAI, AGE: 57 YEARS, OCC: HOUSEWIFE, R/O: GOUDAR ONI, KELAGERI - 580 008, TQ: AND DIST: DHARWAD. 5. SRI SANTOSH S/O. BASAPPA HADAPAD @ NAVALGER, AGE: 33 YEARS, OCC: COOLIE AND AGRICULTURE, R/O: KELAGERI - 580 008, TQ: AND DIST: DHARWAD. 6. SMT. SAVAKKA W/O. BASAPPA HADAPAD @ NAVALGER, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O: KELAGERI - 580 008, TQ. AND DIST: DHARWAD. 7. SMT. MANJULA BASAPPA HADAPAD @ NAVALGER, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O: KELAGERI - 580 008, TQ. AND DIST. DHARWAD. …RESPONDENTS (NOTICE TO RESPONDENTS ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE ORDER DATED 03/02/2024 PASSED BY THE LEARNED IV ADDL. SENIOR CIVIL JUDGE AND JMFC, DHARWAD, IN O.S. NO. 299/2023 ON I.A. NO. II, PRODUCED AS PER ANNEXURE-A AND ETC., THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:2267 WP No. 100070 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondents is dispensed with in view of the proposed order to be passed. The petitioner is before this Court seeking for the following reliefs; a) Issue a writ of certiorari or any other writ or order quashing the order dated 03/02/2024 passed by the learned IV Addl. Senior Civil Judge and JMFC, Dharwad, in O.S. No.299/2023 on I.A. No.II, produced as per Annexure-A. b) Issue any other writ or order or direction which this Hon’ble deems fit to meet the ends of justice. 2. The petitioner had filed a suit in O.S.No.299/2023 seeking for specific performance of agreement of sale executed by defendant No.1. In the said suit, an application came to be filed by the wife and children of defendant No.1 to implead themselves as parties claiming that they have a right, title and interest in the said property. The said application having been allowed vide order dated 03.02.2024, the petitioner is before this Court seeking for the aforesaid reliefs. - 4 - NC: 2025:KHC-D:2267 WP No. 100070 of 2025 3. The submission of Sri Balagouda A. Patil., learned counsel for the petitioner is that defendant No.1 having executed an agreement of sale as Karta of the family, his wife and children are not necessary parties to the proceedings and as such, they are not required to be brought on record. The trial Court ought not have allowed the application for impleading filed by them. 4. Heard Sri Balagouda A.Patil., learned counsel appearing for the petitioner and perused papers. 5. The submission and contention of the petitioner- plaintiff is that defendant No.1 has executed the agreement of sale subject matter of the suit for specific performance as the Karta of the family. It is not the individual right of defendant No.1, which is subject matter of the specific performance of suit, but the right of the family which defendant No.1 represents as the Karta. 6. If that be so, his wife and children, who are also having an interest in the property, are proper and - 5 - NC: 2025:KHC-D:2267 WP No. 100070 of 2025 necessary parties, more so in the event of defendant No.1 acting contrary to the interest of the family. As such, I am of the considered opinion that if the suit for specific performance if decreed on the basis of an agreement of sale executed by the Karta, the same being binding on the wife and children, they are also proper and necessary parties. 7. As such, I do not find any infirmity in the order passed by trial Court. The petition is dismissed at the stage of admission itself. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/CT-ASC List No.: 1 Sl No.: 56